Second Circuit Says Orderly Liquidation Value Is Proper for a Retailer in Chapter 11
The Second Circuit adapts Rash to value the lender’s collateral in chapter 11 where there was a going-concern sale.
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Otherwise Valid Post-Petition Claims Sometimes Won’t Qualify for Administrative Status
Judge Sarah Hall declined to expand the exception in Reading for post-petition claims to have administrative status.
Although It Paid Creditors in Full, Eleventh Circuit Subordinates an Unauthorized Loan
Eleventh Circuit gives the bankruptcy judge wide discretion in subordinating debts and denying retroactive approval of loans.
Eleventh Circuit Upholds “New Value” Defense to Preference Claim Without Reduction for Payment of Creditor’s § 503(b)(9) Claim
A recent decision by the Eleventh Circuit Court of Appeals addresses an issue previously addressed by only one other circuit court and should be welcome news for preference defendants asserting a “subsequent new value” defense while also having a § 503(b)(9) claim. In the case of Auriga Polymers Inc. v.
After Siegel, Tenth Circuit Mandates Refunds for Overpayment of U.S. Trustee Fees
The Tenth Circuit is the first appeals court to rule on remedy after the Supreme Court said that the 2018 increase in U.S. Trustee fees was unconstitutional.